Bureaucratic Constraints on Nepotism in the Ch'ing Period

1960 ◽  
Vol 19 (2) ◽  
pp. 117-133 ◽  
Author(s):  
Robert M. Marsh
Keyword(s):  
Public And Private ◽  
Imperial Authority ◽  
The Public ◽  
Private Interests ◽  
Taiping Rebellion ◽  
The Family ◽  
Confucian Values ◽  
Close Relatives ◽  
Bureaucratic Constraints ◽  
Family Centered

In China during the Ch'ing period, as before, many Confucian values were so family-centered as to tolerate degrees of nepotism not acceptable in some other societies. Ideally, of course, Confucian values admitted of no conflict between loyalty to the Emperor and loyalty to close relatives and friends. Nevertheless, conflicts between public and private interests were recognized at least as early as theMeng-tzuand were typified in such expressions as “robbing the public to help the private” (chiakung chi-ssu) and “putting the family first and the nation last” (hsien chia-tsu erh hou kuo-chia). But whatever may have been the nepotistic intent of officials, there was during the Ch'ing period, at least before the Taiping rebellion, a great centralization of imperial authority.

scholarly journals Governing Knowledge: Intellectual Property Management for Development and the Public Interest

2015 ◽  
Vol 66 ◽  
pp. 69-88
Author(s):  
Leonardo Burlamaqui
Keyword(s):  
Intellectual Property ◽  
Public Interest ◽  
Public Domain ◽  
Policy Recommendations ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Intellectual Property Management ◽  
Analytical Perspective ◽  
The Right

The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen

scholarly journals A Transcrição de Exames na Consulta de Medicina Geral e Familiar: Perspetiva Ética Sobre o Caso do Pedido de Tomografia Computorizada Maxilofacial para Realização de Implantes Dentários

2019 ◽  
Vol 32 (6) ◽  
pp. 415
Author(s):  
Paulo Santos
Keyword(s):  
Point Of View ◽  
Medical Decision ◽  
Public And Private ◽  
The Public ◽  
Ethical Point ◽  
Provision Of Services ◽  
Bureaucratic Constraints ◽  
Physician’S Perspective ◽  
Common Situation ◽  
De Medicina

In the Portuguese National Health Service, little attention has been paid to oral health care. The almost nonexistence of a dentistry network raises concern about accessibility to services, and justifies the need to call on a predominantly private provision of services. The coexistence between the public and private settings is not always easy, especially when services need to interact and actively collaborate in order to find answers to the patient’s problems. Dental implant procedures and the need to perform a previous maxillofacial computerized tomography to study the bone bed where osseointegrated dental implants are placed are a common situation. The current governmental regulation, blinded to the clinical context, may limit the accessibility to the tests. Based on this scenario, we discuss the possible options from an ethical point of view, framing the patient’s and the physician’s perspective and the relation between both.We conclude that the medical decision can’t be disregarded from the clinical evaluation, in the intimacy of the medical consultation. This is an ethical duty that overrules the administrative and bureaucratic constraints. A good management of this apparent dichotomy may enhance better health and greater empowerment for the patient.

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

scholarly journals Political and legal practice of modern sociopolitical reality: theoretical and praxeological synthesis

2012 ◽  
Vol 2012 (4) ◽  
pp. 39-56
Author(s):  
Liudmyla Gerasina
Keyword(s):  
Political Power ◽  
Political Activity ◽  
Legal Practice ◽  
Public And Private ◽  
Dual Nature ◽  
The Public ◽  
Private Interests ◽  
Political Reality ◽  
Political Relations

The article presents theoretical and praxeological synthesis of new categories of “political and legal practice” as a combination of targeted and steady actions of political subjects ordered according to form, content and logic with dual nature and clearly correlated with the regime of power; and “socio-political reality” – reproduction of political relations and all forms of political activity in the public and private interests, the satisfaction of which depends on the mechanism of functioning of political power and the rights and political and legal practices.

scholarly journals COVID 19: Bioethics, the racial line and ethical praxis

2020 ◽  
Vol 12 (1) ◽  
pp. 37
Author(s):  
Juliana Sassi
Keyword(s):  
Literature Review ◽  
Asylum Seekers ◽  
Public And Private ◽  
The Public ◽  
Racial Capitalism ◽  
Private Interests ◽  
Market Needs ◽  
Racial Lines

This article reflects upon the limits and potential of bioethics in a society in which not only people's values are hierarchised along racial lines, but the public and private interests are also structurally antagonised. The author focused on the experience of migrants and asylum seekers in Ireland during the COVID 19 Pandemic. Developing a literature review on bioethics and race, the author locates this case study within the liberal rationality, which is individualist and ultimately values people according to the market needs. Applying the concept of racial capitalism to make sense of racialisation processes, the author claims the need to build ethics that is also practice, what she calls, ethical praxis.

Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests

10.4335/52 ◽  
2009 ◽  
Vol 6 (2) ◽  
pp. 245-270
Author(s):  
Janez Ahlin
Keyword(s):  
Public Interest ◽  
Public Law ◽  
Public Private Partnership ◽  
Legal Order ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Interests ◽  
Legal Nature ◽  
Concession Contract

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order. KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations

Part II Substantive Aspects, Ch.21 Cultural Heritage in International Investment Law

2020 ◽  
Author(s):  
Vadi Valentina
Keyword(s):  
Cultural Heritage ◽  
Direct Investment ◽  
Legal Framework ◽  
International Investment ◽  
Economic Interests ◽  
Public And Private ◽  
International Investment Law ◽  
The Public ◽  
Private Interests ◽  
Investment Law

This chapter evaluates whether the existing legal framework adequately protect cultural heritage vis-à-vis the economic interests of foreign investors. It aims to address this question by examining recent arbitrations and proposing three principal legal tools to foster a better balance between economic and cultural interests in international investment law and arbitration. This recent jurisprudence highlights that arbitral tribunals are increasingly providing consideration to cultural concerns. Yet, the interplay between the protection of cultural heritage and the promotion of foreign direct investment in international investment law and arbitration continues to pose two main problems: one ontological, concerning the essence of international investment law and international law more generally; and one epistemological, concerning the mandate of arbitral tribunals. The chapter then considers three principal avenues that can facilitate a better balance between the public and private interests in international investment law: a ‘treaty-driven approach’; a ‘judicially driven approach’; and counterclaims.

scholarly journals Protection of public interests by narrowing private interests: where is the limit?

2021 ◽  
Vol 10 (38) ◽  
pp. 148-157
Author(s):  
Olga Klepikova ◽  
Viktoriia Kachuriner ◽  
Volodymyr Makoda ◽  
Inha Kryvosheyina ◽  
Vadym Popeliuk
Keyword(s):  
Eu Law ◽  
The European Union ◽  
International Treaties ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
The People ◽  
Private And Public ◽  
Restrictive Measures

The coronavirus pandemic (COVID-19) has posed many challenges to the international community. In a pandemic, governments make complex decisions every day (respond quickly to emerging difficulties), implement effective quarantine measures that affect the public and private interests of the people. Such decisions are also made by such supranational entities as the European Union. With this in mind, it is essential to analyze the interaction and balance of private and public interests in EU law in the context of the Covid-19 pandemic. The work aims to analyze the balance between private and public interests in EU law in the context of the Covid-19 pandemic. Research methods are such methods as dialectical, historical, idealization, analysis, synthesis, abstraction, system, formalization, comparison, and modeling. As a result of the study, the authors concluded that the search for a balance between public and private interests is in all areas and mostly applies to human rights and, in a pandemic, these powers are enshrined in major international treaties and national regulations, with reservations about their possible limitation under exceptional circumstances. At the same time, ensuring the balance of private and public interests is possible only if the rule of law is fulfilled in the implementation of restrictive measures, proportionality, and public necessity.

scholarly journals STATE REGULATION OF THE CONSTRUCTION INDUSTRY

2017 ◽  
pp. 70-74
Author(s):  
O. S. Hashaeva
Keyword(s):  
Construction Industry ◽  
State Intervention ◽  
State Regulation ◽  
Regulatory Control ◽  
Executive Power ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
The Public Sphere ◽  
Municipal Level

Condition of the building complex has an impact on the ability to work all areas of the economy and life processes of reproduction. Currently, construction management in the Russian Federation is considered as self-regulatory control system in this activity with obligatory direct impact of this activity on the part of government. State intervention in the regulation of construction activities necessary to combine state (public) and private interests, with a view to the development of large proportions (ratios) in the economy between consumption, saving and investment on the basis of forecasting, strategic planning, budget financing, taxation and other measures of state influence on investment markets, contracting, real estate The article discusses the role and value of bodies of state regulation of the construction industry, as well as their basic control and monitoring functions. The most important role in the implementation of state influence on the construction industry assigned to the federal bodies of executive power at the regional level identified sectoral authorities and the public sphere of regulation of construction and housing and communal services, at the municipal level describes the functions of the administrative-territorial units in the field. The article also identifies key federal agencies with the greatest impact on the construction industry.

scholarly journals Financial instruments and budget monitoring: harmonization of public and private interests in a digitalized economy

2020 ◽  
pp. 129-137
Author(s):  
I. V. Petrova
Keyword(s):  
Public Sector ◽  
Target Component ◽  
Financial Instruments ◽  
Group Affiliation ◽  
Public And Private ◽  
The Public ◽  
Private Interests

The article discusses the financial instruments used by the Federal Treasury in managing free budget funds in a single account. The public and private interests arising in the public sector taking into account group affiliation are characterized. The concept of budget monitoring is given, the target component and risks to be identified in the process of conducting budget monitoring are identified.

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